The Victorian government is set to introduce changes to the state's drug-driving legislation this week, paving the way for researchers to examine how medicinal cannabis affects drivers through an off-road trial.
The need for legislative amendments before the trial can even begin will add to the frustration of campaigners who were already disappointed in August when the then Dan Andrews-led Labor government revealed its plans for the trial, which is expected to run for 18 months.
Given that timeline, patients could be waiting well into 2025 before any concrete steps are taken to overhaul drug-driving laws.
The Australian Lawyers Alliance (ALA) has called on police to suspend prosecutions for the duration of the trial.
ALA criminal justice spokesperson Greg Barns said: "We are pleased to see progress on this issue in Victoria, but there is no need for a trial. This will just delay making a change to these outdated and unfair laws that severely penalise medicinal cannabis patients.
"Cases are coming before the courts every week where people are losing their licence and their livelihood because they are taking prescribed medicinal cannabis and driving," he added. "The prosecution of these drivers, if there is no evidence [of impairment], should be stopped while this trial is underway.
"People lose their licence, and sometimes their job, not because of impaired driving, but because of flawed laws. Current drug-driving laws were developed before cannabis became a legally recognised prescribed medication and the law needs to change to stay relevant."
When the trial was first announced, Legalise Cannabis Victoria MP David Ettershank said: "This has been on the table for discussion for more than five years and this study will do nothing other than replicate what has already been done in dozens of studies both here and overseas.
"What purpose could it possibly serve other than to kick the can down the road?"
Roads and road safety minister Melissa Horne, however, said the new legislation would open the door to a deeper understanding of medicinal cannabis's effects on driving ability and help shape future reform.
The trial will also involve the creation of a Medicinal Cannabis Clinical Decision Support Tool designed to assist practitioners when making prescribing decisions.
